Transnational Law Commons^™

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

The Extraordinary Drought Provision And The Future Of The Rio Grande Water Deliveries Under The 1944 Us–Mexico Water Treaty: An Exploratory Policy Analysis, Rosario Sanchez, Stephen P. Mumme, Gabriel Eckstein

Faculty Scholarship

The ‘extraordinary drought’ provision contained in the legal framework governing water allocation between Mexico and the United States has been applied differently on the Colorado River, Upper Rio Grande, and Lower Rio Grande. While the provision has been interpreted to require proportional water allocation reductions during droughts for both parties on the Colorado and Upper Rio Grande, it has been applied very differently on the Lower Rio Grande where it binds Mexico to make up delivery shortfalls in subsequent cycles. Given climatic, economic, and population pressures in the Lower Rio Grande basin, application of the ‘extraordinary drought’ provision requires reconsideration.

Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh

Northwestern University Law Review

There is widespread consensus amongst scholars that sanctions—the deliberate withdrawal of customary trade and financial relations—do not work. Despite this perception, states are deploying sanctions at an increasing rate. This Article explains this paradox by arguing the predominant notion of sanctions’ utility employed by scholars is unduly constrained, narrowly focusing on the ability of such measures to modify the behavior of sanctioned parties while disregarding the alternative benefits this instrument can deliver. To support this argument, this Article uses export controls on luxury goods deployed in connection with the Russo–Ukraine War as a case study. Under prevailing perceptions of sanctions’ …

First In Time Since Time Immemorial: Tribal Instream Rights Undercut Water Taking Claims, Paul Stanton Kibel, L. Victoria Wang

American Indian Law Journal

Courts have held that American Indian tribal fishery rights can give rise to tribal instream flow rights. They have also held that the curtailment of rights of diversion to protect fisheries under the Federal Endangered Species Act may give rise to potential takings claims under the Fifth Amendment of the United States Constitution. In its 2019 decision in Baley v. United States the federal circuit court of appeals held that minimum instream flows under the ESA were needed to fulfill American Indian tribal fishery rights, and these rights carried a priority date of “time immemorial” that was senior to any …

The Navajo Nation And The Colorado River: Their Current Statuses And The Tribe's Path Forward, Colton Gregg

American Indian Law Journal

No abstract provided.

The Untenability Of Justice Clarence Thomas's Indian Law Jurisprudence: Confronting The Indian Commerce Clause To Address The Problem Of Historical Change In Federal Indian Law, Skylar Logan Wiseman

American Indian Law Journal

By viewing the Indian Commerce Clause as conferring only a modest grant of federal power over Indian affairs—a power limited solely to trade in the economic sense of the word—Justice Clarence Thomas has subjected the Court’s Indian law jurisprudence to a wide-ranging originalist critique that, if successful, would invalidate nearly all of federal Indian law. Justice Thomas’s efforts to locate plenary power within the metes and bounds of the Indian Commerce Clause are here revealed for what they really are: attempts at tenability and coherence in a field of law which simultaneously bolsters tribal sovereignty while restricting it in ways …

Protecting Human Rights, Larry Herman, Richard Newcomb, John Boscariol

Canada-United States Law Journal

A panel discussion on protecting human rights through economic sanctions and supply chain due diligence.

Panel Iii: Regulatory Frameworks From Subnational To Multinational, Marc-Etienne Ouimette, Kate Purchase, Kellee Wicker, Xavier Delagado

Canada-United States Law Journal

No abstract provided.

Friday Luncheon Keynote, Isha Khan

Canada-United States Law Journal

No abstract provided.

Imperfect Justice: Gaps In The Icc’S Reparations And Victim Participation, Alyssa Price

Human Rights Brief

The International Criminal Court (ICC) made substantial efforts to establish a court system that is more inclusive and supportive of victims. Notably, the ICC provides victims with opportunities for active participation in the judicial process—far more extensive than most domestic courts—ensuring that victims have a voice. However, the mechanisms the ICC employs for victim reparations lack effectiveness. These reparations often prove logistically challenging to implement and fail to address victims’ specific and diverse needs. Consequently, this limitation threatens the ICC’s reputation as a protector of victims’ rights. By collaborating with other United Nations (UN) organizations, private corporations, and individuals, the …

For Whom Is International Law?, E. Tendayi Achiume

American University International Law Review

Grotius Lecturer E. Tendayi Achiume and Distinguished Discussant Jamil Dakwar provided the Twenty-Seventh Annual Grotius Lecture on Wednesday, April 16, 2025 at 5:00 p.m.

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Masthead, Volume 49 (2025)

Canada-United States Law Journal

No abstract provided.

Introduction And Welcome, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Approaches To Advancing Human Rights, Carina Van Vliet, Avidan Cover, Sara Ghebremusse, Brian Gran

Canada-United States Law Journal

A panel discussion on approaches (or lack thereof) by the United States and Canada to advance human rights. Also, whether or not human rights produce wellbeing.

True North, Strong And Free (From American Influence): The Case Against Defunding The Canadian Broadcasting Corporation, Tyler Rogerson

Canada-United States Law Journal

Since becoming the leader of the Conservative Party of Canada, Pierre Poilievre has campaigned on defunding Canada’s English-language national broadcaster, the Canadian Broadcasting Corporation (CBC). In the opinion of Mr. Poilievre, Canadian tax dollars would be put to better use if the Canadian government ceased subsidizing the CBC and encouraged private broadcasters to fill the cultural and entertainment void left in its wake. Mr. Poilievre’s campaign promise to defund the CBC comes at an interesting time in Canadian politics. With the resignation of Justin Trudeau, an imminent federal election, and the 51st State rhetoric echoing from the White House, Canadians …

Indigenous Reconciliation And Development, Diane Francis, Wenona T. Singel, Wayne Garnons-Williams

Canada-United States Law Journal

A panel discussion on efforts to provide reconciliation and developmental opportunities to indigenous people, especially in Canada and the United States.